Terms and Conditions - MetroNet

1 Terms and Conditions MetroNet (hereafter "Company': "we" or "us") and the customer whose name and address appear on this Service Order (hereafter "Customer", "you" or "your") enter into this agreement whereby we will provide you those services listed on the Service Order or any other services purchased by you from us ( Broadband Services") and you agree to pay our current fees and rates for those Broadband Services. We may change our fees and rates for the Broadband Services, from time to time, with notice to you as required by law. By signing the Service Order, you agree to abide by these Terms and Conditions and those contained in the Additional Terms of Service Addendum, which is hereby incorporated by reference, and collectively with the Service Order, forms the agreement between us ("Agreement").

2 1. Electronic Signatures, Notices and Disclosures. You consent to the use of electronic signatures for all agreements with us and consent to receive any or all notices and disclosures we send to you online or through other electronic means. Your consent may be given by: clicking a box indicating your acceptance, consent or acknowledgment; activating any of our services; or, using any of our services. If you want a paper copy of any document provided to you online, by email or other electronic means, please contact us at 1-877-407-3224 and a paper copy will be sent to you at no charge (except for paper invoices for which we may charge a fee).

3 If you no longer wish to sign documents using electronic signatures or receive notices or disclosures electronically, you may send a letter withdrawing your consent at no charge to you to MetroNet , Attn: Chief Information Officer, 8837 Bond Street, Overland Park, KS 66214. Your withdrawal will not affect the legal validity or enforceability of the electronic documents, signatures and deliveries prior to the time the withdrawal of your consent is processed. If your email or other address for electronic communications changes, please let us know promptly by contacting 1-877-407-3224. The following hardware and software are required to access and retain the electronic documents: Adobe Acrobat Reader software, version or higher, computer running the latest version of Microsoft Internet Explorer or another compatible browser capable of viewing the site in 128 bit encryption.

4 2. Term, Billing, Payment, and Early Termination Charges. Unless otherwise specified on the Service Order, the term of the Agreement is month-to-month. With the exception of usage based charges, you will be billed monthly in advance for the Broadband Services. In addition, installation, set up, or construction charges may apply. You agree to pay all charges stated in your bill, including any taxes or surcharges, by the due date. If you do not pay your bill in full by the due date, you may incur a late payment fee of twenty-five dollars ($ ) or the highest late payment fee allowed by law.

5 The unpaid portion of your bill will also incur interest, from the due date until paid, at per month or the highest rate allowed by law. We may also discontinue some or all of your Broadband Services until payment is received. In the event that we disconnect your Broadband Services for nonpayment, you may be required to pay a reconnection fee. If we incur expenses collecting any past amount due from you, you agree to pay our expenses including, but not limited to, court costs, service fees, collection fees, and attorney s fees. It is our preference that you sign up for the automatic bank draft payment method and that we provide invoices to you electronically.

6 We may offer discounts to you if you sign up for our preferred automatic payment method. If you elect to receive a paper invoice, you may incur a charge for each paper invoice. Please contact your local office for any current discounts and paper invoice charges. Early Termination Charges. If your Broadband Services are for a term of more than one month and are terminated by you for any reason prior to the expiration of your then current term or by us due to your breach of this Agreement, including your failure to pay, we may charge you, as liquidated damages and not as a penalty, an amount equal to (i) any outstanding and unpaid amounts, whether or not previously invoiced, for Broadband Services rendered prior to the date the Broadband Services are terminated, (ii)

7 100% of the monthly recurring fees for the terminated Broadband Services, including usage based fees, multiplied by the number of months remaining on the then current term, and (iii) any unpaid non-recurring fees associated with the terminated Broadband Services, including any costs and charges incurred by us related to the installation and implementation of the Broadband Services. Such Early Termination Charges will be due within 30 days of Broadband Service cancellation. 3. Refund Policy. There are no refunds for rendered Broadband Services. Subject to the provisions regarding Early Termination Charges, if you voluntarily terminate your Agreement with us and you have paid us in advance for Broadband Services not yet rendered by us, then, after receiving a final invoice from us, you may request a refund equal to the credits listed on your final invoice.

8 All such refunds are subject to the following Conditions : (i) your account must be current; (ii) all equipment provided to you by us must be returned to us in proper working condition; (iii) all requests for a refund must be made within sixty (60) days of the date you receive a final invoice from us; and (iv) all requests for a refund must be made to our customer service department at 1-877-407-3224. 4. Equipment. We will install equipment in and around your residence. This equipment may include, but is not limited to, a Network Interface Device ("NID"), set top boxes, remote controls, and cabling (collectively the "Equipment").

9 Unless you purchase the Equipment, the Equipment is our property. You agree that you will not move any of the Equipment to another location outside your residence either temporarily or permanently. You are responsible for the care and maintenance of the Equipment located at your residence. You agree not to modify the Equipment in any way. If any of the Equipment is damaged, modified, lost, destroyed, tampered with, or stolen while in your possession, you will be responsible for the reasonable cost of repair or replacement of the affected Equipment. When you cease being a customer or move from your current location, you are responsible for returning the Equipment to us, with the exclusion of any wiring or Equipment located outside your residence, and obtaining a signed receipt from us.

10 You agree that you are responsible for the cost of the commercial electric service required to operate the NID. 5. Installation; Access to Premises. You hereby authorize us and/or our contractors to enter your residence during normal business hours, or by appointment, to install, inspect, maintain, replace, or remove the Equipment. You also grant us the right to enter onto your property at all reasonable times, even if you are not present, to install, inspect, maintain, replace or remove any of the Equipment located outside your residence. Unless we are grossly negligent or intentionally harm any persons or property, we will not be responsible or liable for any damages caused by us while performing work on your property or in your residence.